ECOWAS Tenders Code
a)
procurement of additional supplies or works of a similar nature where it is established that
a new competitive bidding would not provide any benefit and that prices obtained during
the contract extension are reasonable. If the extension is predictable from the onset, the
initial contract must have some provisions to that effect.
b)
if the additional procurements are for standardized equipment or spare parts compatible
with the equipment already in use. In order to justify this procedure, the initial
equipment must function properly and, generally, the quantity of the new supplies
should be less than the one already procured and the price reasonable; in addition, the
advantages of going for another brand and source of supply must have been known and
that option rejected.
c)
where the required equipment must have exclusive rights and be supplied by a single
supplier (single source).
d)
where the company responsible for the design process requires that the essential parts to
be purchased come from a particular supplier so as to ensure that the equipment is
working properly.
e)
in exceptional circumstances, for example, in response to natural disasters or for special
security reasons when it is in the best interests of the Institution.
4. Concerning consultant contracts, the Procuring Entity may only use direct procurement in
the following cases:
a. For missions that are natural extension of activities undertaken by the Consultant
concerned;
b. In emergency situations, as part of an intervention following a disaster or for
consultancy services immediately after an emergency or for special security reasons;
When a company is the only one with the requisite qualifications or experience needed
for the particular assignment.
5
Direct contracting may only be used when suppliers, contractors or service providers
accept to be subjected to price verification during the execution of the contract.
6.The Public Contracting Officer may, after being duly authorized by the Awarding Entity,
may enter into a direct contract with a qualified supplier, consultant, contractor or service
provider.
Article 46 Conditions for sole Sourcing
1. As an exception to Article 45 (4) of this code, when goods, works or services are available only
from a vendor,the Public Contracting Officer, after obtaining the authorization of the Awarding
Entity, may procure the goods, works or services by soliciting a proposal or price quotation from a
single supplier, contractor or service provider.
Final
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